NATIONAL ACTION 1: Advocate for national legal protection D. Laws that restrict the rights of human rights defenders There remains a significant gap between commitments made by States through the UN Declaration on HRDs and other international instruments on the protection of HRDs, and implementation on the ground. There is also a concerning increase in the passage of laws that restrict the exercise of fundamental rights and freedoms, rights which are critical for defenders to carry out their legitimate work. For example the counter terrorism law in the Philippines,13 the National Security Law in Hong Kong,14 the Protection Against Online Falsehoods and Manipulation Act, the Public Order Act, and the Administration of Justice Act in Singapore,15 and the Draft Public Order Law in Cambodia.16 As stated in the Paris Principles, NHRIs should have the competence to submit to Parliament and other competent bodies, its opinions on legislative or administrative provisions that affect human rights, to recommend the adoption or amendment of national legislation to comply with international human rights instruments, and to freely address the public opinion on human rights issues.17 You have an important role in monitoring draft legislation which may have the (intended or unintended) consequence of restricting the rights of HRDs. It is important that you consider that these laws will seldom explicitly mention an intention to restrict HRDs. The laws are usually presented with broad, unclear goals such as “safeguarding public order”, “combating terrorism” or “protecting national security”. Engagement on laws that impact the rights of HRDs should be carried out in consultation with HRDs and other stakeholders who can provide insight on the likely effects of the laws. Such consultation will also provide guidance as to the laws that require more urgent attention by your NHRI in calling for repeal or amendments of the law, policy or regulation, or specific provisions of the instrument. Once dangerous laws are identified, a strategy should be developed. Strategies for NHRIs towards amending or repealing restrictive legislation can include public statements expressing concern for the instrument, public interest litigation, national inquiries, direct advocacy with government representatives and bodies or parliamentarians, as well as community focused campaigns. You can develop advocacy and technical advice best suited to the specific national context and developed and implemented in consultation with HRDs. Educational and promotional activities on human rights topics can also serve as part of a campaign against restrictive laws. Forums or webinars where members of your NHRI are discussing the legal implications of certain laws can be a useful way to inform, update and discuss with civil society. These activities could be organised, sponsored or supported by your NHRI. You could also request support or statements from international organisations, which may have further reach online or in international spaces. Useful examples can be found in the ‘Communication report and search’ site of the OHCHR, where communications by UN Special Procedure mandate holders to States are stored, some relevant to national level laws, policies and regulations and associated international human rights standards.18 You could also reach out to relevant Special Procedure mandate holders for advice. 13 https://ishr.ch/latest-updates/philippines-anti-terrorism-law-further-threatens-safety-human-rights-defenders/ 14 https://ishr.ch/latest-updates/hong-kong-un-committee-raises-questions-about-national-security-law-police-violence-and-free/ 15 https://www.hrw.org/news/2021/09/30/singapore-must-expand-civic-space-and-end-undue-restrictions-fundamental-freedoms# 16 https://www.amnesty.org/en/documents/asa23/2873/2020/en/ 17 Paris Principles A.3; https://apf-prod.s3.amazonaws.com/media/resource_file/SCA_General_Observations_February_2018.pdf?AWSAccessKeyId=AKIA57J6V557ISASX34R&Signature=B5aMLNOsFlJiyYXBujtR%2Fh21ag0%3D&Expires=1635448674 G.O. 1.2 Human rights mandate 18 spcommreports.ohchr.org/TmSearch/Mandates?m=30; ohchr.org/EN/Issues/SRHRDefenders/Pages/comments-legislation-policy.aspx 13